Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1887-11-23
Letter from Chief Justice Comegys.
OF THE LONG SESSION.

time consumed in the late session of
| the Courts at Dover, which imputes to
the Judges a mercenary motive in
Keeping them open so long This is
very unkind and unjust-unkind be-
cause proper effort ought to have been
made to learn the cause of the long
term before publishing as fact, or a
plausible cause that the Judges kent
the court going from day to day from
mercenary considerations unjust, be-
cause the actual business to be trans
acted required the consumption of
quite as much time as was taken. I
very much regret that, before you pub
lished anything, calculated to bring re-
prOach upon the Judges, to be spread
before the readers Of the TINES aud
copied into the other papers, you had
not in common justice to my brethren
and myself certainly felt that | had
the right to expect it of you, as | have
always treated you respectfully given
yourself the trouble to ask me the rea-
son for the long term, should have at
once stated it to yOu-it being a matter
proper for public information. | hone
you will not take it amiss, if / do it now
without solicitation.
The long term was simply because of
the actual business done. or attempted.
In the first place the criminal bushes,
occupied three days of the first week,
the grand jury did not finish till Thurs
day. All that business, if it had been
ready for action, could no doubt have
been finished in two days but owing
to the fact VERY Creditabe to the pros
n hut .
no old business to try, the Court was
Obliged to wait for the finding of indict-
ments by the Grand Jury. This vas
unavoidable delay. 1t was not the
fault of the Attorney General on the
Grand Jury, or any other part of the
Court, that it existed Thurs lay is
set, by imnemorial custom, as the time
Tor the commencement of the civil bus
lness-that is, contests between party
and party, aud no witnesses are sum
mOned in them, of course, before that
lay. When the trial list was gone
over which was on Wednesday after
noon, to see what cases were for trial.
1t turned out that there were more
than common.
AT 1918 on Thursday THE first civil
trial day. a case was begun and pro-
ceeded without delay until Friday
morning when it was ended. and an
other case entered upon and soon fin
lshed. Then at l1.30 a case came on
which occupied the Court and jury till
Friday evening when the jurors who
were chiefly farmers were DISCHARGED
till Monday, they desiring to have Sat
urday to attend to their private bust
ness.
On Monday the unfinished case was
taken up again and duly proceeded
with. At the closed soioufn on Mon
day, the Court was adjourned over till
Wednesday on account of the special
election-to give all persons, obliged to
attend Court, an opportunity to vote at
II. Wednesday the unfinished case
was resumed, and was not closed until
Thursday. Immediately another case
was called and tried the residue Of The
day and all day Friday when the jurors
Tor the same reason as given before.
were dismissed till the ensuing Mon
day, then the case was proceeded with
and ended that day. Tuesday a case
consumed the entire day. Wednesday
morning another case was tried and
when 1t ended the same dav the iurv
were discharged entirely. Then other
business, rules, &c, where witnesses
were IN attendance, were taken IN and
disposed of. This brought Thursday
ON which day the Court of Errors and
appeals was commenced to hear an
appeal from Chancery. This took that
day and part of the next--on which
latter friday the Court adjourned
finally.
The foregoing is a history (which YOU
can verify by consulting the Prothono
tary or Clerk of the Peace of the do
lngs OF the Court at the last term. and
taking it to be correct, there would
seem to have been no ground for the
suggestion, or general attribution, that
the session was extended to secure
more per diem under the late act of as
sembly. This is, implicitly, an asper-
sion OF the character of all the Judoes
who sat at the Court and does them all
injustice; but more to myself. because
II the term had lasted three months 7
could not have received a cents profit |
by it-as the per diem is only available |
TO Judge who is actively engaged in
his duties outside his own COUNTY IF |
Inc public is likely to suffer from this
aW, It's repeal Is within the legislative |
action, which can be had next session.
Increase of population must increase
me time for holding the Courts: and 7
iety any candid man, who knows any,
'hlng about the matter from obserya-
ION, to say that the Court wastes anv
lime IN transacting the public business.
As soon as one case is ended another
S called, and so case after case fthat
5 not ready until one be found which
nay be proceeded with. DELAY in the
progress of individual trials seems to
Dc irremediable-sO long time is taken
made necessary in most cases by the
conduct of witnesses) in putting the
proof before the jury. When that is
got through with, the Court can then
control the case and does it in all prop
# cases, by limiting the time of the
peeches of counsel.
A few words about the per diem act
or | apprehend you do not understand
What led to its passage.-It was found
hat there was so much business in the
court at Wilmington that the time
hat could be occupied by the terms of
Nay and November was not lone
nought for its dispatch. Whereupon
mother Court was proposed for that
ounty. AS the creation of it would
INVOLVE the appointment of other Off
ers, for Judge, or Judge, down. the
Expense, which was expected to be
reater for the salary of the Judge
nan that now paid to any of the Judi
larry, was put forward as an obstacle.
nd it could not be overcome. While
MS objection was in contemplation, a
uggestlOn was made that another
Month for the May and November
ERIN could be secured by altering the ,
.me in January and June for the SEES
ions of the Court of Errors and
appeals This in the end met with
eneral favor and as it would throw
pom the Judges two weeks more ser z
ice in the Spring also the Fall in the c
ourts, than had been practicable be- I
IRE, those who favored the arrage- $
rent, considered Il think not unrea- G
)nably) that for so much additional !
srvice there ought to be additional |
)mpensatiOn to some extent at least. 1
was thought best by them to make u
in the way of a per diem, and thew :
AIMED their bill accordingly. / am :
ute sure that it never entered into !
le heads of any of the eminent gen $
emen who attended to the preparation !
nd passage Of the bill, that there was -